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HomeMy WebLinkAbout512348 SYS AID TECHNOLOGIES LTD - PURCHASE ORDER - 9146469Fort Collins Date: 11/04/2014 Vendor: 512348 SYS AID TECHNOLOGIES LTD 1 HA YARDEN ST PO BOX 1142 AIRPORT CITY 70100 PURCHASE ORDER PO Number Page 9146469 1of2 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 11/04/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 SYSAID MAINTENANCE RENEWAL TERM: 12/14/ 14-12/ 13/15 SYSAID PROFORMA INVOICE#OP-0424061 MAINENANCE RENEWAL: 12/14/14-12/13/15 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax 970-221-6707 Email:purchasing@fcgov.com 1 LOT LS 8,101.00 i[ly,11 ] Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax ciu mpticav By statute the City of End Collins is exempt from store and Iota as Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure to meet sp rific.lions, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions firm the City of Fort Collins. Inspection, GOODS are subject o the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or uryipment in response to Nis under can maps in authorized payment on Ne pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcNura. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, cat otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight hill must accompany invoice. Additional chances for Packing will not be accepted Shipment Distance. Where ....foe cars have distributing points in various pan, of the country, shipment is expected from le nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made firm greater distance. Pitmie. Sella ,hall procure at sellers sole cost all nece,vry, permits, cenifrstes and licenses required by all applicable laws, regulations, ordinaees and roles ofthe sate, municipality, territory impolitical subdivision where the work is performed, or remind] by any other duly comtitued public authosity hiring judsdierion over the work of vendor. Scllcr Porter agrees to hold the City of Pan Collins harmless Lem and against all liability and loss incurred by them by maws of an asserted or established violation of any such laws, regulations, ordinances, rules and rcquiremena. Authmizallon. All parries to this contract agree that the m,armntu ors are, in fact, bona fide and possess full and complete emboriry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and conditions word herein set forth and any supplementary or additional arms and conditions annexed heeto or incorporated hcrrin by reference. Any additional or different arms and conditions proposed by seller are objected to and hereby rejru al 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdishly ifyou camwt make complete shipment to move 0. you promised delivery date as toted. Time is of the essence. Delivery and performance most be effected within the time slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanixl late deliveries, shall o vace as a waiver of this provision. Ira the roam of any delay, the Purchaser shall have, in addition to .,be, legal and equlrible remedies, the option of glaring this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be fable for damages as it result of delays due to causes not reasonably forrsceable which are beyond its reasonable control and without in fault of negligence, such acts ofGod, acts of civil or military authorities, governmental product, fires, strikes, Rod, epidemics, wars or Hour provided that ounce of ffe conditions causing such delay is Rican m the purchaser within live (5) days of the time when thy, Seller first received knowledge therm[ In le event of any such delay, the dale of delivery shall be extended for the perid equal a the time actually Ins, by team. of the delay. 3. WARRANTY. The Scllcr warrants that all goods, articles, materials and work covered by this order will of.. with applicable drawings, specifications, samples andtor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of mare and compeence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make god, without cost in the purchaser, any defects or faults nursing within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods f ishd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or detective work done or materials fumkhe l by the Seller. Acceptance we use of good by the Purchaser shall col mnstim,, a waiver of any claim under this wamnY. Except as otherwise Tumbled in Nis purchase order, the Sellers liability hereunder shall extend to all damages proximately calved by the breach of any of the foregoing warranties or guarantors, but such liability shall or no event main& loss ofprofts or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes I. legal it. by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, ale, than Icgal terms, including additions to or deletions from the quantities originally ordered in the sped 6catimu tar drawings, by verbal or wrinen change order. If any such change afmfir Ne ...of due or the time ofpci fomoa to beeunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change nMe,, ermine this afpeemenr ss to any or all poniorss of le goals then no, shipped, subject to any equitable adjustment between the parties as ro any work or materials den m progress provided dust the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe grads and/or work, for incidents[ or consequential damages, and that no such adjmtment be made in favor of the Seller wish reaper to any goods which are the Sellers standard stock. No such trrmirarion shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or Rumination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants ths, all grads sold he rearda shall have been produced, sold, delivered and furnished in inner compliance with all applicable laws and regulations or which the grical are suhject The Seller shall emerge and deliver such documents as may b, taryied to effen or evidence comphaKe. All laws and regulations required to be incorporated in agreements of this character are hereby incorporaed heeds by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Producer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither may, shall assign, another. or convey this order, or any monies due or to bccrme due haeander scut ail the prior wrimen.1 of the isle, perry. 10. TITLE. The Seller wmmnts full, clear and umssmc.d title,o le Purchaser for all equipment materials, and it. furnished in performance of this quest Tom and clear of my and all liens, rasnnctimer, resenmtione, security interest becumb urn es and clams ofoffes. 11. NONWAIVER. Failure mirk Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exacousany rights or remedies provided herein or by law, failure to promptly notify rate Seller in the event of a breach,tthe acceptance ofor payment for goods hereunder or approval ofthe design, shall not elease the Seller of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser m insist upon atrict perfomra re heedor any of its rights or remedies as to any such goods, egardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purprned oral modification or rescission of this purchase order by the Purchaser operate in a waiver of any of the terms beeuf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser minimum Nat in actual brincessfir practice, o erchargss resulting farm antitrust violations ore in fact home by the Purchutt. Theretofore, for good cause and ss consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under fedeml or Age amltrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Forebear, and the Sellan and the Seller (become, indicates its inability or unwillingness to comply, the Purchaser may cause the work It be parmrmed by die most expeditious mean available ,o it, and the Seller shall pay al l fasts exac iatW with such work. The Seller shall release the Purchase and its cantarrom of any tier from all liability and claims of any wtam resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry relearned and shot] extend to the directors, ofk. and employees of such may. The Seller's couractual obligations, including warranty, shall not be deemed to be reduced, is any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process mvcrel by letter, parent trademark or copyright, the Seller shall indemnify and sass, formless le Forrester from any and all claims for infringement by reason of le use of such patented design, device, material or process in concordat with the commas and shall indemnify le Purchaser for any cost, expense or damage which it mry be obliged to pay by reason f'such infringement at any time during the presemtion or after the completion of rate work. In case said asiuipment or any pan thereof or the intended use of the gods, is in such suit held to combine infringement and the use of said aluipment or pan is enjoined, the Sella shall, .l it. own expense and al its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially actual but naninfringing equipment, or modify it so it becomes noninftlnging. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt make an assignment for the benefir of creditors, appoint u areciver or Ruder, for any of the Sellers pmpeny or brow., this order may forthwith he mv¢led by the Parchssv without liability. 16. GOVERNING LAW. The definitions of terrrn used or le interpretation ofthc agreement and Ne rights of all panics hereunder shall be mtstrued under and governed by the laws of fie State of Colorado, USA. The following Additional Conditions apply only in cases where rate Seller is to perform work hereunder, including the services of Sellers Representatim(s), on the premises of offers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own isk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work avdur materials before Sellers firtal completion and acceptance, complete the work at Seller's own expense and in the satisfaction of the Purchaser. When materials and equipment are garnished by others for mestalNiion or emctiw by le Seller, le Seller shall receive, unlmad, store and handle some ed the sire and become maprnsible therefor as though such materiah actor equipment were being firmishcd by the Seller cruder the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease brief, to its employees employed on or in connection with the work covered by this purchase order, amfor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry compreha Live general liability including, but not limited a, contractual and automobile public liability insurance with buddy injury and death limits of. It. S300,009 for any one torso., $500,olso an any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his memories. Know, to provide for such compensation and insurance. Before any of le Sellers or his contractors employees shall do any work upon le premises of or, ko, the Seller shall fumisb the Purchaser with a certificate that such compensation and insurance have been provided Such certificate, shall specify Out doe when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seder agrees that such compemafon and insurance shaft be araimeiaed until after the entire work is completed and acceped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from me execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamtless the Producer and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whelks so persons or progeny to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the pas of the Sales, any of his mntmmms, ve any of the Sellers or mmrazmrs olfcam, agents or ployers. In case any suit or other proceedings shall be brought agaim, d , purchaer, or its officers, agents or employers al any time on azmura or by reason of any act action, neglect, omission or default of the Seller of any of has contractors or any of its or their officers, agents or employees as aforesuid, le Seller hereby agrees to assume, le defense thereof and to defend le some at the Sellers own expense, to pay any and all cosy, charges, amomeys f cs and other exp raps, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of me Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with ell laws and reguations with regard ro safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant domem. Revised 07f2014